The Art Law Blog

Thursday, March 15, 2018

That's from this piece by Martin Gammon in The Art Newspaper, and I suspect it will quickly be adopted as a talking point by the Deaccession Police. Not only is deaccessioning repulsive and unethical and Stalin-esque, it also doesn't work!!

But is that really the right way to frame the issue? Isn't the real question whether this particular museum can liquidate (just liquidate, as opposed to "simply" liquidate) some portion of its collection (maybe it's the bottom 1%, maybe it's 22-24% from the bottom) for some funding (as opposed to a far more repulsive-sounding "cash windfall") that would help solve the particular challenge that this particular museum finds itself currently facing (as opposed to solving "most fiduciary challenges")?

According to The Fashion Law blog, a street artist complained to retailer H&M about their use of his work in an ad campaign ... H&M responded by filing a lawsuit seeking a declaration that unauthorized graffiti is not protected by copyright ... but then immediately realized they had made a big mistake and issued the following statement:

"H&M respects the creativity and uniqueness of artists, no matter the medium. We should have acted differently in our approach to this matter. It was never our intention to set a precedent concerning public art or to influence the debate on the legality of street art. As a result, we are withdrawing the complaint filed in court. We are currently reaching out directly to the artist in question to come up with a solution. We thank everyone for their comments and concerns, as always, all voices matter to us."

Wednesday, March 07, 2018

Mentioned earlier here. Georgina Adam and Anny Shaw have lots more detail in the Art Newspaper, including this from New York Judge Charles Ramos during a January court hearing:

"“I have never seen an industry more ripe with fraud and misconduct than the art business. To say there’s such a thing as artistic ethics is an oxymoron. Most of the cases I’ve had involving art dealers involve fraud outright. Just plain old fraud. This is not a nice business."

Monday, February 12, 2018

From the opinion (reproduced here): "If not for Wolkoff's insolence, these damages would not have been assessed. ... Given the degree of difficulty in proving actual damages, a modest amount of statutory damages would probably have been more in order."

UPDATE: Brian Frye: "Thankfully, this is why we have appellate courts. VARA is a stupid law, but not even VARA is this stupid."

Sergio Muñoz Sarmiento: "[I]t wouldn’t surprise me if this case grabs Congress’s or the Trump Administration’s attention. Otherwise, my bet is that this case is appealed."

Yeah, why not? Remember there are two ways to look at these situations. One is to weigh the actual costs and actual benefits and try to determine whether, on balance, all things considered, the sale is a good idea. The other is to take it as a given that the guidelines of certain professional organizations carry serious moral weight, such that their violation is an "ethical travesty." (And "pity" if you don't see it that way.)

Another example of the latter approach is San Francisco Chronicle art critic Charles Desmarais, who says the settlement "looks like complete capitulation to" the museum, and then adds: "I am sorry for your loss, Pittsfield." But why aren't we also happy for your gain, Bentonville, Arkansas, or Los Angeles, or wherever the Rockwell ends up? Why don't they cancel each other out? Why do only the losses count?